AUBURN -- Jody Thurston was scheduled to go on trial in 2003 for the felony of first-degree criminal contempt and the misdemeanor of second-degree menacing.

An arrest warrant was issued March 4, 2003, for Thurston's arrest when he failed to come for his trial on the charges related to an alleged domestic incident in September 2002.

After four years, Thurston turned himself in to answer the charges in Cayuga County Court Tuesday.

Thurston, of 40 Queens Ave., Lexington, Ky., said an ice storm put his home state of Kentucky into a state of emergency in 2003, and he notified authorities that he could not make it to the trial.

He said that he since has tried to contact the District Attorney's office about the charges to no avail and that he asked about the charges when he was held in a Kentucky jail for five days. He was told that the New York charges did not show up on the agency's computer.

"Me and my ex-wife have been best of friends for four years," Thurston said. "She's sneaks the kids down to see me. I just want to take care of this."

But both Cayuga County Surrogate Judge Mark Fandrich and Chief Assistant District Attorney Jon Budelmann both separately expressed disbelief in Thurston's statement.

"It must be a worse ice storm than we've ever had to not show up for three years," Budelmann said.

Thurston's attorney, Norm Chirco, said Thurston contacted him a week and a half ago and sought his advice on answering the outstanding charges.

"It is his desire to now deal with these charges," Chirco said.

Thurston was taken into custody on $4,000 cash or $8,000 bond. His case is now pending for either his acceptance of a plea bargain offer or a trial.

Budelmann said it is not that unusual for a fugitive to turn themself in; they can get tired of running or need to answer outstanding charges to be able to get social security or some other service.

"Normally they're apprehended in another jurisdiction," Budelmann said.